Criminal Law Between Public and Private Law

18 Pages Posted: 3 Nov 2009

See all articles by Markus D. Dubber

Markus D. Dubber

University of Toronto - Faculty of Law

Date Written: July 17, 2009


To criminalize something (not someone, ordinarily) means to bring it within the scope of criminal law; in this sense, crime is a legal phenomenon, as is punishment. This means that an account of criminalization needs an account not of crime simpliciter, but of law in general, and of criminal law within it. In this paper, I approach this task equipped with two distinctions, one - between law and police - designed to illuminate the concept of law, and the other - between public and private law - meant to clarify that of criminal law.

Keywords: Criminal law, legal theory, public law, private law, Roman law

JEL Classification: K14, K30

Suggested Citation

Dubber, Markus D., Criminal Law Between Public and Private Law (July 17, 2009). Available at SSRN: or

Markus D. Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5


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